Judgment :

Leave granted.

This appeal is directed against a judgment and order dated 4.6.2007 passed by the learned Single Judge of the High Court Gauhati in R.S.A No. 169/2006 preferred by the appellant herein, whereby and whereunder the judgment and order dated 18.4.2006 passed by a Civil Judge, Senior Division, was affirmed.

The basic fact of the matter is not in dispute.

One Nakho Ram was the owner of the suit property. He had two sons, namely, Rajiv Lochan Roy and Kamjit Roy. The property in the suit admeasured 16 Bighas 4 Kathas.

Rajiv Lochan executed two deeds of sale in 1982, in respect of about 4 Bighas of land, inter alia, contending that he had half share in the said property. It is not in dispute that the family of Nakho Ram was governed by Dayabhaga School of Hindu Law. It is furthermore not in dispute that in 1982, Nakho Ram was alive and he expired only in the year 1990. Appellant, however, claimed that in terms of the aforementioned deeds of sale executed by Rajiv Lochan in the year 1982, he had remained in possession of the vested property since the date of purchase.

It is, furthermore, not in dispute that in the year 1990, a proceeding under Section 107 as also Sec